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May a school constitutionally punish students for wearing long hair or dying their hair an unusual color?
The courts are much divided on this issue. The First, Second, Fourth, Seventh, and Eighth Circuits seem receptive to students' claims regarding personal choice with respect to their hair.1 However, the Third, Fifth, Sixth, Ninth, and Tenth Circuits seem unreceptive.2 Many of the student hair cases today deal not with length but color. For example, a high school student from Virginia sued his school district in federal court after school officials suspended him for having blue hair. A federal judge reinstated the student, finding a violation of his constitutional rights.3 Generally speaking, the courts that have found a constitutional issue have ruled along similar lines, claiming that a student’s choice of hair color and style raises either a First Amendment free expression issue or a 14th Amendment liberty or equal protection interest. Some courts have even pointed out that regulating a student’s choice of hairstyle impacts with greater permanence than regulating a student’s dress because, unlike with hairstyle or color, the student can wear what he pleases outside school. Conversely, the courts that have sided with school districts have generally ruled that the students' wearing of long hair "does not rise to the dignity of a protectable constitutional issue."4 Either way, different courts have simply come to different legal conclusions. As a result, students' rights in this regard largely depend on where they live. Notes
1 Richards v. Thurston, 424 F.2d 1281 (1st Cir. 1970); Dwen v. Barry, 483 F.2d 1126 (2nd Cir. 1973); Massie v. Henry, 455 F.2d 779 (4th Cir. 1972); Arnold v. Carpenter, 459 F.2d 939 (7th Cir. 1972); Bishop v. Colaw, 450 F.2d 1069 (8th Cir. 1971). 2 Zeller v. Donegal Sch. Dist., 517 F.2d 600 (3rd Cir. 1975); Karr v. Schmidt, 460 F.2d 609 (5th Cir. 1972); Gfell v. Rickelman, 441 F.2d 444 (6th Cir. 1971); King v. Saddleback Jr. College Dist., 445 F.2d 932 (9th Cir. 1971), cert. denied, 404 U.S. 979 (1971); Hatch v. Goerke, 502 F.2d 1189 (10th Cir. 1974). 3 See "Federal Court Reinstates High School Student Suspended for Blue Hair." (1999, June 4). American Civil Liberties Union. Available online: www.aclu.org 4 Zeller, 517 F.2d. at 605–606.
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